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Environmental reporter Christopher Dunagan discusses the challenges of protecting Puget Sound and all things water-related.
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Posts Tagged ‘Japan’

International court rules against Japanese whaling

Monday, March 31st, 2014

Japanese whalers who hunt whales in the Antarctic can no longer justify their actions as “scientific research” and must stop their annual whale roundup, according to a ruling by the International Court of Justice.

The court ruled today that Japan’s so-called “research” does not meet ordinary scientific standards. The court ordered Japan to stop killing whales under the guise of its research program, called JARPA II. As stated in a 73-page finding (PDF 649 kb) supported by 12 of the 16 judges:

“Taken as a whole, the Court considers that JARPA II involves activities that can broadly be characterized as scientific research, but that the evidence does not establish that the programme’s design and implementation are reasonable in relation to achieving its stated objectives.

“The Court concludes that the special permits granted by Japan for the killing, taking and treating of whales in connection with JARPA II are not ‘for purposes of scientific research’ pursuant to Article VIII, paragraph 1, of the Convention (the International Convention for the Regulation of Whaling).”

In the legal action brought before the United Nations court by Australia, the judges carefully scrutinized the JARPA II methods and procedures. They found that the sampling procedure and lethal take of minke, fin and humpback whales falls short of legitimate scientific study in many regards:

“The fact that the actual take of fin and humpback whales is largely, if not entirely, a function of political and logistical considerations, further weakens the purported relationship between JARPA II’s research objectives and the specific sample size targets for each species — in particular, the decision to engage in the lethal sampling of minke whales on a relatively large scale.”

A news release (PDF 174 kb) issued by the court does a fair job of summarizing the findings:

“Examining Japan’s decisions regarding the use of lethal methods, the court finds no evidence of any studies of the feasibility of or the practicability of non-lethal methods, either in setting the JARPA II sample sizes or in later years in which the programme has maintained the same sample size targets. The court also finds no evidence that Japan examined whether it would be feasible to combine a smaller lethal take and an increase in non-lethal sampling as a means to achieve JARPA II’s research objectives.”

After the ruling, Koji Tsuruoka, Japan’s representative at the court, addressed reporters at the Peace Palace in The Hague. According to a report by Australian Associated Press, Tsuruoka stated:

“Japan regrets and is deeply disappointed that JARPA II … has been ruled by the court as not falling within the provisions of Article 8. However, as a state that respects the rule of law, the order of international law and as a responsible member of the global community, Japan will abide by the decision of the court.”

He said Japanese officials would need to digest the judgment before considering a future course of action. He refused to discuss whether a new research program could be crafted to allow whaling to resume.

Australian officials were careful not to gloat over the victory as they emphasized the need to maintain favorable relations with Japan. Bill Campbell, Australia’s general counsel in the case, was quoted by the AAP:

“The decision of the court today, important as it is, has given us the opportunity to draw a line under the legal dispute and move on.”

The ruling was welcomed by environmental groups, including Sea Shepherd Conservation Society, which has sent ships to the Antarctic to directly confront the whaling ships and interfere with their whaling activities, as seen on the television show “Whale Wars.” Capt. Alex Cornelissen of Sea Shepherd Global had this to say in a news release:

“With today’s ruling, the ICJ has taken a fair and just stance on the right side of history by protecting the whales of the Southern Ocean Whale Sanctuary and the vital marine ecosystem of Antarctica, a decision that impacts the international community and future generations. Though Japan’s unrelenting harpoons have continued to drive many species of whales toward extinction, Sea Shepherd is hopeful that in the wake of the ICJ’s ruling, it is whaling that will be driven into the pages of the history books.”


Japanese whaling on trial before UN court

Wednesday, June 26th, 2013

UPDATE, July 4, 2013
Japanese officials say objections to its scientific whaling program are based on moral arguments, not legal ones. Australia cannot win this case, Japanese officials say, because the international treaty allows for scientific whaling and it allows member countries to determine for themselves what qualifies as science.

This legal position is explained in a story written by Andrew Darby published in yesterday’s Sydney Morning Herald.

A later story by Darby, published in today’s Herald, reports on the surprising testimony by a witness called by the Japanese government. The witness, a Norwegian expert named Lars Walloe, described several problems he had with the Japanese research, but he confirmed that it was research.
—–

Whether Japan’s annual whale hunt is a true scientific endeavor or a commercial operation without legal justification is the question being debated before the United Nations highest court this week.

Australia, supported by New Zealand, brought the case against Japan to the International Court of Justice, which is holding hearings in The Hague, Neatherlands.

Australia hopes to bring Japan’s whaling activities under normal prescriptions from the International Whaling Commission, as opposed to the ongoing scientific permits issued by the Japanese government that allow for hundreds of whales to be killed each year.

Bill Campbell, Australia’s agent to the court, addressed the 16-judge panel in the Great Hall of Justice, according to a report by Mike Corder of The Associated Press.

“Japan seeks to cloak its ongoing commercial whaling in the lab coat of science,” he said, later telling reporters, “You don’t kill 935 whales in a year to conduct scientific research. You don’t even need to kill one whale to conduct scientific research.”

Japan, which will present its side next week, has stated that it will challenge the court’s authority to hear the case while justifying its whaling operations under international whaling agreements.

To read more about the court proceedings:

Mike Corder, Associated Press

Julian Drape, Australian Associated Press

Mary Gearin, Australian Broadcasting Corporation


U.S. court declares Sea Shepherd a ‘pirate’ group

Tuesday, February 26th, 2013

“You don’t need a peg leg or an eye patch,” begins Judge Alex Kozinski, launching into a scathing ruling against Sea Shepherd Conservation Society, which the judge calls a “pirate” organization.

Kozinski, chief judge for the Ninth Circuit Court of Appeals, concluded in a ruling today that U.S. District Judge Richard Jones had made “numerous, serious and obvious errors” when he declined to issue an injunction against Sea Shepherd for its high-seas battle against Japanese whalers.

The three-judge panel ordered that the case be removed from Jones’ jurisdiction and turned over to another Seattle district judge drawn at random.

Meanwhile, the Institute of Cetacean Research — the Japanese whaling organization — continues its effort to get a contempt-of-court citation issued against Sea Shepherd, which has increased its efforts to disrupt Japanese whaling in the Southern Ocean.

Sea Shepherd remains under a U.S. Court of Appeals injunction, which requires that the organization’s ships operate safely and stay 500 yards away from the Japanese vessels.

I’ll provide an update on Sea Shepherd’s activities in a separate blog post, but let me first tell you more about Kozinski’s ruling (PDF 238 kb), which finds nothing commendable about any of Sea Shepherd’s actions.

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Tsunami video offers insight to West Coast residents

Friday, April 1st, 2011

A dramatic video that shows Japan’s March 12 tsunami from ground level has received a lot of attention on YouTube, probably because of its shock value. Our hearts go out to the Japanese people. Meanwhile, I believe this video can offer important insights for those of us who live or visit ocean communities on the West Coast, such as Ocean Shores.

How much time would we have to get to higher ground after an earthquake? The video shows the water level rising rapidly, as the photographer goes up a stairway to get to higher ground. At the end of the video, six minutes in, the serenity of the street has been turned into chaos.

While I worry about coastal communities, where a tsunami is a likely threat, I’m also concerned about waterfront residents and visitors along the Puget Sound shoreline. Although the chance of a tsunami in Puget Sound may be less than on the coast, one could be triggered by an earthquake on the numerous faults that run through the sound, including the Seattle, Tacoma and South Whidbey faults. Earthquakes also may cause massive landslides that can create big waves when hitting the water.

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Sea Shepherd claims victory for whales in Antarctic

Tuesday, February 22nd, 2011

Unbridled joy has overtaken crews on three Sea Shepherd vessels as they celebrate a Japanese surrender from whaling in the Antarctic this year — and possibly for all time.

“Everybody is overjoyed, laughing and crying and hugging,” said Izumi Stephens, who is serving aboard the Steve Irwin, one of the three vessels harassing the Japanese whaling fleet in the Southern Ocean.

Izumi Stephens

I spoke to Izumi by satellite phone after the Japanese government announced an end to whaling a month early this year. (See story by Martin Fackler in the New York Times Global Edition.) Japanese analysts are now speculating that whaling in the Southern Ocean may never resume, because of the costs, challenges and changes in the market for whale meat.

“We think the entire thing could be finishing,” Izumi said of Antarctic whaling efforts. “This may be the last year in the Southern Ocean for everybody.”

Check out recent stories in the Japanese news organization Daily Yomiuri Online, one of which includes this statement:

“In addition to Sea Shepherd’s acts of sabotage, low domestic demand for whale meat — which used to be a valuable source of protein during the food-scarce postwar years — also has made the prospect of continuing whaling extremely gloomy, officials said.”

Izumi, if you recall, is a Japanese woman who lives on Bainbridge Island. After her husband died, she became committed to opposing the killing of dolphins and whales. She joined Sea Shepherd Conservation Society in November as a Japanese-language translator and has spent the past three months involved in the high-seas campaign against the Japanese whalers. See Water Ways for Jan. 14 and Nov. 1.

The so-called surrender has become big news in Japan, and Izumi has taken calls from Japanese reporters and conversed in her native language:

“I’ve told them that this is a big, big victory, a big victory for the whales. We are not against the Japanese people or the Japanese government. We are against the whalers…. We are not terrorists; we are just intervening against the commercial whalers.”

Through the Internet, Izumi has been keeping up with numerous Japanese news reports and blogs, where she has found herself under personal attack.

“People in Japan are mad at me. They call me a traitor to my country.”

Izumi is the first Japanese translator for Sea Shepherd to make her identity known to the public. During taping for the television show “Whale Wars,” she has not covered her face or kept her name secret, as previous Japanese translators have done. The revalation of a possible end to whaling in the Antarctic has raised her profile more than she anticipated.

“I never expected that it would be like this final end,” she told me.

She had imagined that the whaling season would end, as usual, in March and she would return home to her family. Then she would have all summer to decide if she should do it again. Instead, the “Japanese surrender” a month early — with uncertain prospects for the future — has created a media blitz and new level of anger in Japan.

“I can see in the newspapers that people are really mad,” she said. “My face is coming up on Japanese TV.”

The Japanese whaling organization, known as the Institute of Cetacean Research, consistently calls Sea Shepherd an eco-terrorist organization. The group regularly complains that Sea Shepherd’s flagship countries, Australia and the Netherlands, fail to take action for acts of “terrorism and harassment,” including bombardment with glass projectiles, smoke bombs and “incendiary devices.” The latest reports talked about the use of lasers aimed at the whaling ships. See ICR new releases.

According to the report in Daily Yomiuri Online, the processing ship Nisshin Maru was unable to shake off the faster Sea Shepherd vessels Bob Barker and Gojira.

Capt. Paul Watson, who directs Sea Shepherd, said the ability of his ships to stay with the whaling fleet made all the difference in this year’s success in minimizing the number of whales killed. Scroll down to the bottom of this entry to view the on-board video that Watson issued Saturday.

The Daily Yomiuri story quoted anonymously a high-ranking ministry official, who outlined four options for continued whaling:

  • Have the whaling fleet escorted by Japan Coast Guard vessels or others, an idea discussed in 2007 but scrapped for lack of escort ships.
  • Build new whaling vessels capable of traveling at high speed, an idea considered “almost impossible” because of costs.
  • Replace research whaling with commercial whaling, an idea that lacks support from other countries.
  • Continue current whaling arrangements, which has proven to be costly and difficult given the interference of Sea Shepherd.

Izumi said none of the options seems likely, but one never knows.

Another issue faced by the Japanese, she told me, is the success of the television show “Whale Wars,” which has brought notoriety and donations to the anti-whaling cause. The Japanese government may be concerned that Sea Shepherd will use its new-found clout to bring more attention to the decline of blue fin tuna (See Operation Blue Rage) and to the slaughter of dolphins in Taiji, Japan, and other places around the world.

For now, Izumi is eager to get home to Bainbridge Island.

“I am really homesick,” she told me. “I want to squeeze my kids and pet my dogs and maybe take a nice hot shower. Yes, a long shower.”

Said Watson in a news release:

“I have a crew of 88 very happy people from 23 different nations including Japan and they are absolutely thrilled that the whalers are heading home and the Southern Ocean Whale Sanctuary is now indeed a real sanctuary.”

The Steve Irwin is scheduled to meet up with the Bob Barker and return to Hobart, Australia. Izumi hopes to fly back home to the Puget Sound region on March 10.


Passion for whales links woman to Sea Shepherd

Monday, November 1st, 2010

A Bainbridge Island resident, Izumi Stephens, will join Sea Shepherd in its upcoming campaign against the Japanese whaling fleet in the Antarctic, as I describe in a story in today’s Kitsap Sun.

Izumi Stephens

A native of Japan, Izumi will serve as an on-board interpreter for the anti-whaling group. While engaging whalers, Sea Shepherd has an occasional need to converse with Japanese ship captains as well as conveying information to Japanese news reporters.

If you’ve watched “Whale Wars” on television, you know about Sea Shepherd’s highly confrontational approach to the Japanese fleet, often maneuvering its vessels into dangerous positions in front, behind and alongside the massive whaling ships.

Capt. Paul Watson, who heads Sea Shepherd, broke away from Greenpeace in 1977 as he pushed for more severe actions against whaling operations throughout the world. In 1980, “operatives” from his three-year-old organization took credit for sinking the whaling ship Sierra in Lisbon, Portugal — the first of many similar attacks.

Sea Shepherd, which operates throughout the world, has an ongoing connection to the Northwest. Its international headquarters is located in Friday Harbor in the San Juan Islands, and Watson frequently returns to this region.
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"In the end, we will conserve only what we love, we will love only what we understand, and we will understand only what we are taught."Baba Dioum, Senegalese conservationist

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